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Construction Law/PINK BOOK FIDIC 2010

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Question
aoa sir how are you


as per clause 12.3 if varied quantity of item satisfy the all mentioned criteria then fixation of new rate overhead profit increase or decrease or remain unchange.

Answer
Dear Imran,
Thanks for your question.As for as I could understand your question,each new rate or price shall be derived from any relevant rate or prices in the contract. It means reasonable adjustments has to be made to take account of the matters in para (a) or (b) of Clause 12.3. Now you have to study the grounds on the basis of which Contractor is asking for any revision for the increase or decrease of overheads / profit but normally earlier agreed figures needs to be followed as provided for variations and adjustments under Clause 13. Please let me know if this clarifies your question or not and if not please come back with more details so that I may be able to answer your question appropriately.

Regards,
Liaqat Hayat  

Construction Law

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Liaqat Hayat

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I can answer questions based on FIDIC 4 and FIDIC 1999 [design-build] with particular reference to time extension , price adjustment and disputes. I am in particular more inclined for response to points pertaining to how claims should be framed and put up in case of technical or other contractual shortcomings. Regarding procurement matters I have spent over 5 years as procurement specialist for highway authority and dealt with numerous claims and disputes in the capacity of "The Engineer" .

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